ICC Arbitration in Practice: Edition 2

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· Kluwer Law International B.V.
Ebook
634
Pages
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About this ebook

The Rules of Arbitration of the International Chamber of Commerce - commonly referred to as the ICC Rules — are the rules most frequently used in commercial disputes between business partners from different countries. Since they were first launched in 1922, these Rules have been applied in over 21,000 cases.

The second revised edition of this eminently practical volume provides an article-by-article commentary of the current version of the ICC Rules of Arbitration in force as from 1 January 2012. Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. This thorough analysis is enhanced with other invaluable material, including:

• a digest of statistics relating to ICC arbitration for the years 2009 to 2013; • references to selected national arbitration laws and to the UNCITRAL Model Law on International Commercial Arbitration; • a bibliography, including useful web sites; and • a separate chapter on ICC’s other dispute resolution services, such as mediation, expert proceedings, dispute boards, DOCDEX and the pre-arbitral referee procedure.

Appendices provide the reader with the texts of ICC’s various dispute resolution rules and other relevant documents.

The authors, all practicing lawyers, have all worked as counsel at the Secretariat of the ICC International Court of Arbitration. They have gone on to represent parties and act as arbitrators in many international proceedings. They also serve as mediators and party representatives in international mediations. They are also members of the ICC Commission on Arbitration and ADR and participated in the discussions leading to the 2012 ICC Rules of Arbitration.

Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation. Arbitration practitioners will find useful information on the practice of ICC arbitration, including various notes of the ICC Court Secretariat and reports of the ICC Commission on Arbitration and ADR.

About the author

Herman Verbist, a Belgian lawyer, was born in 1959 and studied at the Universities of Brussels and Leuven in Belgium, as well as at the University of Tübingen in Germany and King's College, London, in England. He obtained his doctorate in law at the University of Ghent, Belgium, in 2008 with a doctoral thesis on 'De rechtsbescherming van partijen in privaatrechtelijke handelsarbitrage' (The Legal protection of the parties in commercial arbitration under private law). He was admitted to the Brussels Bar in 1983 and to the Ghent Bar in 2007. From 1988 to 1996, he held the position of counsel at the Secretariat of the ICC International Court of Arbitration. He then returned to practice as a lawyer, currently with the firm Everest attorneys. He specializes mainly in domestic and international arbitration and has acted both as counsel and arbitrator in arbitration proceedings under the ICC Rules of Arbitration and under the rules of other arbitration institutions and also in 'ad hoc' arbitrations. From 1996 until 2013, he has been visiting professor for the course on international arbitration at the University of Ghent, in Belgium, and since 1998 he has been a consultant with the International Trade Centre UNCTAD/WTO in Geneva. He is a member of the Belgian Centre for Arbitration and Mediation (CEPANI) and of the Board of CEPANI, and also a member of the German Arbitration Institute (DIS), the French Arbitration Committee, the Swiss Arbitration Association (ASA), the London Court of International Arbitration, the American Arbitration Association, the Belgian-German Association of Lawyers, the European Lawyers Association, the International Bar Association, of the International Council for Commercial Arbitration and of its Publications Advisory Board. He is on the lists of arbitrators of a number of arbitration institutions in different countries (Madrid Court of Arbitration, International Arbitral Centre of the Austrian Federal Economic Chamber, Court of Arbitration attached to the Polish Chamber of Commerce, Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry, Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Permanent Arbitration Court of the Croatian Chamber of Commerce, International Roster of Arbitrators and Mediators of the International Centre for Dispute Resolution of the American Arbitration Association, Jerusalem Arbitration Center in association with the International Chamber of Commerce, Kuala Lumpur Regional Centre for Arbitration, Hong Kong International Arbitration Centre, Singapore International Arbitration Centre). As a representative of CEPANI, he participates in the working group of UNCITRAL on arbitration and conciliation. He is contributor for Belgium to the online UNCITRAL Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958). Erik Schäfer, a German lawyer who qualified for the Bar in 1987, was born in 1957 and studied at the Universities of Freiburg (Germany), Dijon (France) and London (England). He is admitted to practise in all local and district courts in Germany and in all of Germany's higher regional courts. He began his career in 1988 as counsel at the Secretariat of the ICC International Court of Arbitration in Paris. In 1992, he took up a position as an in-house lawyer in the intellectual property department of a company and in 1993 moved to the Dresden office of a law firm specializing in competition law, intellectual property law and commercial law. In 1997, he joined Cohausz & Florack, a Düsseldorf inter-professional law firm, which handles all aspects of intellectual property and advises on the protection and exploitation of technology and scientific know-how, and of which he is now a partner. Erik Schäfer also represents parties in arbitral proceedings and acts as arbitrator. In addition, Erik Schäfer is a trained mediator. He was recently appointed member of the board of trustees of the DIAC. He is on the list of arbitrators of the VIAC, the SIAC, the KLRCA, and the Danish Institute of Arbitration. He is a member of several professional organizations, including the German Arbitration Institute (DIS), the Swiss Arbitration Association (ASA), the Club Español del Arbitraje, the German intellectual property rights association GRUR, the German branch of the Licensing Executives Society (LES), and the International Bar Association. As German delegate to the ICC Commission on Arbitration and ADR, he has participated in various task forces and co-chairs the task force on information technology in arbitration and expertise proceedings.

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